Nurain Ansari @ Noorin Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2699 of 2021 Arising Out of PS. Case No.-245 Year-2020 Thana- GOVERNMENT OFFICIAL COMP. District- Gopalganj ====================================================== NURAIN ANSARI @ NOORIN ANSARI, S/o Alamin Ansari, R/o villagePandey Tola Nechua, P.S.- Kuchaikote, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjeet Kumar Pandey, Advocate For the Opposite Party/s :

Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2021 Heard Mr. Ranjeet Kumar Pandey, learned Counsel for the petitioner and Mrs. Gulnar Begum, learned Additional Public Prosecutor for the State, through Video Conferencing. This application, for grant of regular bail, arises out of Excise Case No. 245 of 2020, disclosing offences under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

The allegation, as per the prosecution report is that Excise Official intercepted a vehicle and recovered a total quantity of 387 litres of illicit liquor from the same but the driver of the vehicle taking advantage of darkness succeeded in fleeing away and the petitioner, who was found sitting beside the driver seat, was arrested.

Patna High Court CR. MISC. No.2699 of 2021(2) dt.18-03-2021 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case due to oblique motive and he is having no criminal antecedent. Learned counsel next submits that petitioner is the resident of the nearby locality from where the seizure was made and at the time of occurrence, he was going towards his home but was arrested by the police with oblique motive and has been dragged in this case. Learned counsel further submits that seizure list has not been prepared as per the provisions of Section 100 Cr.P.C. Learned counsel next submits that petitioner is in custody since 13.09.

2020 and the chargesheet has already been submitted against the petitioner and there is no likelihood that the petitioner will abscond or tamper with the evidence. Having regard to the submissions made by the parties and taking into consideration the materials on record and the fact that petitioner is in custody since 13.09.2020 having no criminal antecedent and the chargesheet has already been submitted in this case, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, Nurain Ansari @ Noorin Ansari, be released on bail on furnishing bail bond of

Patna High Court CR. MISC. No.2699 of 2021(2) dt.18-03-2021 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned ADJ-II-cum-Special Judge (Excise), Gopalganj, in connection with Excise Case No. 245 of 2020.

It is made clear at the time of furnishing bail bond, all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) sanjeev/- U T